Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, St. Paul wrote to the Ephesians in the New English Bible rendering (4:32-5:1):
"Be generous to one another,
Tender-hearted, forgiving one another
As God, in Christ, forgave you.
In a word, as God's dear children,
Try to be like Him..."
Let us pray.
Our Father, we thank You for this new day, resplendent in the beauty of springtime, for work to do and strength with which to do it.
Help us to know that life is not only a battle to be fought, but that it can be a victory won.
As we come to our tasks today, give us a sense of the Divine Presence that our prayer may be:
"O make me Thine forever,
And should I fainting be,
Lord, let me never, never,
Outlive my love for Thee."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 28, 1990
Mr. Frank B. Caggiano
Clerk of the Senate
The Statehouse
Columbia, S.C. 29201
Dear Mr. Caggiano:
Acting in accord with Section 1-11-230 of the 1976 Code of Laws, as amended, the State Budget and Control Board, at its meeting on March 27, 1990, reappointed the following individual to the membership of the Motor Vehicle Management Council:
Mr. Charles J. Bruce, Siebels, Bruce & Company, a four-year term to expire October 1993 (his current term expired October 1989).
Code Section 1-11-230 provides that these Board appointments are subject to the advice and consent of the Senate.
Sincerely,
William A. McInnis
Secretary
Referred to the Committee on Finance.
March 29, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
You and your colleagues in the Senate are cordially invited to attend a reception in your honor, on Wednesday, April 18, 1990 from 6:00 P.M. to 8:00 P.M. at Stadium Place, 1210 Bluff Road in Columbia. We have also invited the members of the House of Representatives and Governor, Lt. Governor and their Executive Councils.
We will be mailing invitations to each member, as well as encouraging our industry representatives to contact members personally. Please let me know if there are any other ways we might publicize the event within the legislative community... a calendar, perhaps, or a newsletter?
Additionally, if anyone schedules a dinner for the same night as the SPI reception, please let me know. We would like to contact them and see about coordinating our respective schedules.
Please advise me if you need further information. My direct line is 202/371-5246.
Sincerely yours,
Drew Fleming
Manager, Eastern Section
Referred to Committee on Invitations.
March 29, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
"Goin' to South Carolina... Hot Diggitty Dog!" is the theme for this year's annual legislative event sponsored by the South Carolina Travel and Tourism Forum. We would like to invite the members of the Senate to a gala luncheon to be held in your honor on the South Lawn of the State House grounds on May 2, 1990 from 11:00 A.M. to 2:00 P.M. Renowned South Carolina caterer Mr. Jack Brantley will provide a delicious meal in a festive and relaxed atmosphere, complete with entertainment, balloons and even a few surprises.
The South Carolina Travel and Tourism Forum represents some thirty hospitality-related associations. We sincerely hope you will make every effort to join us on Wednesday, May 2, for an enjoyable time with tourism industry leaders from across the State.
Cordially,
Judy Knoechel, Chairman
South Carolina Travel and Tourism Forum
Referred to Committee on Invitations.
The following was received.
Document No. 1193
Promulgated By Department of Health and Environmental Control
License for Contractors Constructing On-Site Sewage Treatment and Disposal Systems
Received by Lt. Governor January 23, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 23, 1990
Withdrawn and Resubmitted April 3, 1990
Revised expiration date June 5, 1990
Senator GIESE introduced Dr. Kevin P. Killeen of Columbia, Doctor of the Day.
On motion of Senator WILLIAMS, with unanimous consent, the Senate staff was granted a holiday on Good Friday, April 13, 1990.
S. 1169 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RAILROAD CROSSINGS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS WITHIN SIXTY DAYS AFTER RECEIPT OF NOTIFICATION FROM THE DEPARTMENT, AND TO PROVIDE THIRTY DAYS FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT.
The House returned the Bill with amendments.
On motion of Senator LOURIE, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1404 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS, AND PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES.
The House returned the Bill with amendments.
On motion of Senator HELMLY, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1432 -- Senators Shealy, Drummond, Helmly, Hinson, Long, Martschink, Passailaigue, Rose, Setzler and Wilson: A CONCURRENT RESOLUTION COMMENDING THE TROOPERS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR AGGRESSIVE ENFORCEMENT OF THE STATE'S TRAFFIC LAWS WHICH RESULTED IN A SIGNIFICANT DECREASE IN TRAFFIC FATALITIES IN 1989.
Returned with concurrence.
Received as information.
S. 1453 -- Senator Lourie: A CONCURRENT RESOLUTION TO AUTHORIZE THE NATIONAL TRUST FOR HISTORIC PRESERVATION TO BE ADMITTED TO THE STATE HOUSE FOR THE PURPOSE OF TOURING THE HOUSE AND SENATE CHAMBERS ON SUNDAY, OCTOBER 21, 1990, IN RECOGNITION OF THE FORTY-FOURTH NATIONAL PRESERVATION CONFERENCE.
Returned with concurrence.
Received as information.
S. 1454 -- Senators Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE SNEAD SCHUMACHER OF WALHALLA IN OCONEE COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Returned with concurrence.
Received as information.
S. 1461 -- Senators Macaulay, Nell W. Smith, Wilson and Giese: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 18, 1990, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, AND WINTHROP COLLEGE, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1990 AND TO FILL VACANT SEATS ON THESE BOARDS THE PRESENT TERMS FOR WHICH EXPIRE IN 1990 AND 1992.
Returned with concurrence.
Received as information.
S. 1462 -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS' BASKETBALL TEAM OF RICHARD WINN ACADEMY OF FAIRFIELD COUNTY ON WINNING THE CLASS AA STATE CHAMPIONSHIP OF THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION FOR 1990.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1464 -- Senators Martschink, Shealy, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEP APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THOMAS S. LINTON FOR HIS MANY YEARS OF SUPERB SERVICE AS CODE COMMISSIONER OF SOUTH CAROLINA AND DIRECTOR OF THE LEGISLATIVE COUNCIL AND WISHING HIM HAPPINESS UPON HIS RETIREMENT.
Whereas, Thomas S. (Tom) Linton attended the College of William and Mary from 1940-42 and the University of South Carolina from 1949-52; and
Whereas, he received his law degree from the University of South Carolina and was admitted to the Bar; and
Whereas, he served as an instructor in business law at USC from 1954-62; and
Whereas, he was an attorney for the Legislative Council of the General Assembly from 1958-68 and was chief attorney from 1968-75; and
Whereas, in 1975, he was elected Code Commissioner of South Carolina and Director of the Legislative Council and has been re-elected several times subsequently; and
Whereas, he has been a member and officer of the South Carolina Judicial Council and has also served on the Commission on Suggested State Legislation, the Subcommittee on Scope and Agenda, the Constitutional Ballot Commission, and the National Conference on Commissioners on Uniform State Legislation, among others; and
Whereas, he has been very active and involved in community and civic matters and his church over the years, including, particularly, service as chairman of the Richland County Recreation Commission (since 1961) and as president of the Boys Clubs of Greater Columbia, Inc.; and
Whereas, he served in the United States Air Force from 1942-47 and was awarded the Distinguished Flying Cross, Air Medal four times and six Battle Stars; and
Whereas, as Code Commissioner and Director of the Legislative Council, Tom has rendered exemplary public service; and
Whereas, he has been a good friend, adviser, and counselor to the members of the General Assembly, and his knowledge of the South Carolina Constitution and statutory law has been impressive and has helped the members greatly in the performance of their duties; and
Whereas, Tom has done a superb job as Code Commissioner and Director of the Legislative Council, and we are deeply appreciative of all of his efforts and accomplishments in our behalf; and
Whereas, he has announced his retirement from public life on his upcoming seventy-second birthday (October 1, 1990), after thirty-two years of devoted, energetic, and outstanding service to the State; and
Whereas, we will miss Tom very much, but we hope to see him again often and also hope that his retirement will be a happy one; and
Whereas, we want Tom to know that he has meant much to us personally and to the effective operation of the General Assembly as an institution and that our success over the years has, in large part, been the direct result of his efforts, diligence, and hard work. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deep appreciation to Thomas S. Linton for his many years of superb service as Code Commissioner of South Carolina and Director of the Legislative Council and wish him happiness upon his retirement.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Thomas S. Linton at Columbia.
On motion of Senator MARTSCHINK, with unanimous consent, the Concurrent Resolution was read in full.
On motion of Senator GIESE, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1465 -- Senators Peeler, Hinds and McGill: A BILL TO AMEND SECTIONS 46-13-60 AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, ADD THREE MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, AND CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1466 -- Senator Rose: A BILL TO AMEND SECTION 8-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ETHICS COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, SO AS TO REQUIRE THE COMMITTEES TO BE COMPOSED OF AN EQUAL NUMBER OF MEMBERS OF THE TWO POLITICAL PARTIES HAVING THE LARGEST NUMBER OF MEMBERS IN EACH BODY.
Read the first time and referred to the Committee on Ethics.
S. 1467 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 IN TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA TAX PROCEDURES ACT AND BY ADDING SECTIONS 12-31-290, 12-51-155, 12-54-25, AND 12-54-85 SO AS TO PROVIDE FOR PENALTIES FOR FAILING TO COMPLY WITH REGISTRATION CARD REQUIREMENTS FOR PURPOSES OF THE ROAD TAX ON MOTOR CARRIERS, TO PROVIDE THAT TAX SALES OF REAL PROPERTY ON WHICH TAXES HAVE BEEN REGULARLY PAID ARE VOID, TO PROVIDE FOR THE PAYMENT OF INTEREST ON UNDERPAYMENTS AND REFUNDS OF TAXES, AND TO PROVIDE FOR STATUTES OF LIMITATIONS ON ASSESSMENTS AND CLAIMS FOR REFUND; TO AMEND SECTION 12-3-140, AS AMENDED, RELATING TO POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO ALLOW THE COMMISSION TO COMPROMISE STATE TAXES, INTEREST, OR PENALTIES AND TO ENTER INTO BINDING WRITTEN AGREEMENTS WITH RESPECT TO STATE TAXES; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO ADJUST THE CALCULATION OF THE INDEX OF TAXPAYING ABILITY FOR A SCHOOL DISTRICT TO REFLECT FOR UNDERPAYMENTS OF DISTRIBUTIONS BECAUSE OF PROPERTY TAX APPEALS; AND TO REPEAL SECTIONS 12-1-80, 12-1-100, 12-1-130, 12-1-213, CHAPTER 5, 12-7-620, 12-7-630, 12-7-1650, 12-7-1670, 12-7-2000, 12-7-2210, 12-7-2220, 12-7-2240, 12-7-2300, 12-7-2310, 12-7-2440, 12-7-2510, 12-7-2710, 12-7-2720, 12-7-2730, 12-7-2740, 12-7-2750, 12-7-2760, 12-7-2780, 12-9-400, 12-9-810, 12-9-820, 12-9-830, 12-9-840, 12-9-850, 12-15-570, 12-15-720, ARTICLES 11, 15, AND 17 OF CHAPTER 15, 12-15-1510, 12-15-1610, 12-16-1130, 12-16-1310, 12-16-1320, 12-16-1330, 12-16-1340, 12-16-1350, 12-16-1360, 12-16-1920, 12-16-1930, 12-16-1940, 12-17-220, 12-17-230, 12-19-60, 12-19-160, 12-21-160, 12-21-470, 12-21-700, 12-21-710, 12-21-2080, 12-21-2480, 12-21-2560, 12-21-2570, 12-21-2840, 12-21-2850, 12-21-3020, 12-21-3030, 12-21-3040, 12-21-3050, 12-21-3060, 12-21-3090, 12-21-3100, 12-21-3110, 12-21-3120, 12-21-3130, 12-23-70, 12-23-80, 12-23-100, 12-23-110, 12-27-50, 12-27-150, 12-27-310, 12-27-340, 12-27-580, 12-27-820, 12-29-140, 12-29-420, 12-29-430, ARTICLE 7 OF CHAPTER 29, 12-31-460, 12-31-470, 12-31-480, ARTICLE 7 OF CHAPTER 31, 12-35-640, 12-35-1220, 12-35-1270, 12-35-1280, 12-35-1290, 12-35-1300, 12-35-1310, 12-35-1320, 12-35-1330, 12-35-1340, 12-35-1350, 12-35-1360, 12-35-1370, 12-35-1380, 12-35-1390, 12-35-1400, 12-35-1410, 12-35-1420, 12-35-1430, 12-35-1440, 12-35-1460, 12-35-1480, 12-35-1490, 12-35-1500, 12-35-1510, 12-35-1520, 12-35-1530, CHAPTER 47, 12-54-20, AND 12-54-30, ALL OF TITLE 12 OF THE 1976 CODE AND ALL RELATING TO TAX PROCEDURES.
Read the first time and referred to the Committee on Finance.
S. 1468 -- Senator Bryan: A BILL TO AMEND SECTIONS 62-2-201, 62-2-202, 62-2-203, 62-2-204, 62-2-205, 62-2-206, AND 62-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHT TO TAKE AN ELECTIVE SHARE OF A DECEDENT'S ESTATE, SO AS TO PROVIDE THAT THE SURVIVING SPOUSE MAY TAKE ONE-THIRD OF THE AUGMENTED ESTATE RATHER THAN THE PROBATE ESTATE AND TO DEFINE THE TERM AUGMENTED ESTATE.
Read the first time and referred to the Committee on Judiciary.
S. 1469 -- Senator Drummond: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
Read the first time and referred to the Committee on Judiciary.
S. 1470 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
Read the first time and referred to the Committee on Medical Affairs.
S. 1471 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DEFINE INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR PERSONS WITH RELATED CONDITIONS; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF THE FACILITIES, SO AS TO PROVIDE FOR THE REQUIREMENTS TO APPLY TO THE INTERMEDIATE CARE FACILITIES DEFINED IN THIS ACT.
Read the first time and referred to the Committee on Medical Affairs.
S. 1472 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1205, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1473 -- Senators Wilson, Setzler and Shealy: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
Read the first time and ordered placed on the Calendar without reference.
S. 1474 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE PAROLE BOARD TO REVIEW A PRISONER'S DISCIPLINARY RECORD IN DETERMINING WHETHER TO AUTHORIZE PAROLE AND TO PROVIDE THAT A PRISONER'S IN-PRISON DISCIPLINARY RECORD IS SUBJECT TO THE PROVISIONS OF CHAPTER 4 OF TITLE 30.
Read the first time and ordered placed on the Calendar without reference.
S. 1475 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 31-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE HUMAN AFFAIRS COMMISSION TO ADMINISTER THE PROVISIONS OF THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT AN AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MAY INCLUDE PROVISIONS UNDER WHICH THE DEPARTMENT SHALL REFRAIN FROM PROCESSING A CHARGE IN ANY CLASS SPECIFIED IN THE AGREEMENT; TO AMEND SECTION 31-21-120, RELATING TO THE PROCESSING AND HANDLING OF COMPLAINTS UNDER THE FAIR HOUSING LAW, SO AS TO PROVIDE THAT COMPLAINANTS REFERRED TO THE COMMISSION BY THE DEPARTMENT MAY NOT BE REFERRED BY THE COMMISSION TO A LOCAL AGENCY AND DELETE A PROVISION CONCERNING WHEN THE COMMISSION IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE WITH THE FAIR HOUSING LAW; AND TO AMEND SECTION 31-21-130, RELATING TO THE INVESTIGATOR'S REPORT AND RECOMMENDATION UPON COMPLETION OF HIS INVESTIGATION AND THE PROCEDURE FOLLOWING THE SUBMISSION OF THIS REPORT, SO AS TO CHANGE THE TIME PERIOD IN WHICH AN ACTION MAY BE BROUGHT AGAINST THE RESPONDENT IF THE ORDER IS FOR DISMISSAL, PROVIDE THAT IF AN ELECTION IS MADE FOR A CIVIL ACTION THE COMMISSIONER OF THE STATE HUMAN AFFAIRS COMMISSION SHALL, WITHIN THIRTY DAYS FROM THE DATE OF ELECTION, COMMENCE A CIVIL ACTION ON BEHALF OF THE AGGRIEVED PERSON, AND REQUIRE THAT IF THE PANEL FINDS THAT THE RESPONDENT HAS ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE IT SHALL STATE ITS FINDINGS OF FACT AND SERVE THE COMPLAINANT IN ADDITION TO THE RESPONDENT AN OPINION AND ORDER FOR APPROPRIATE RELIEF; AND TO AMEND SECTION 31-21-140, RELATING TO THE TIME WITHIN WHICH A CIVIL ACTION MUST BE COMMENCED UNDER THE PROVISIONS OF THE FAIR HOUSING LAW, SO AS TO DELETE THE REQUIREMENT THAT THE COURT SHALL CONTINUE A CIVIL CASE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION 31-21-120 IF THE COURT BELIEVES THAT THE CONCILIATION EFFORTS ARE LIKELY TO RESULT IN A SATISFACTORY SETTLEMENT OF THE DISCRIMINATORY HOUSING PRACTICES COMPLAINED OF IN THE COMPLAINT AND PROVIDE THAT A CIVIL ACTION MAY BE COMMENCED BY AN AGGRIEVED PERSON WHETHER OR NOT A COMPLAINT HAS BEEN FILED WITH THE COMMISSION.
Read the first time and ordered placed on the Calendar without reference.
S. 1476 -- Senators Shealy and Wilson: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.
Read the first time and referred to the Local Delegation.
S. 1477 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION TO INFORM THE SOUTH CAROLINA CONGRESSIONAL DELEGATION OF SOUTH CAROLINA'S CONCERN REGARDING THE URGENCY TO INTRODUCE AND SUPPORT LEGISLATION IMPLEMENTING THE NECESSARY FEDERAL PROGRAMS TO SAVE AND RESTORE FOLLY ISLAND AND FOLLY BEACH AND REPAIR THE DAMAGE CAUSED BY JETTIES.
Referred to the Committee on Agriculture and Natural Resources.
S. 1478 -- Senator Rose: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO TAKE THE NECESSARY STEPS TO BLOCK THE UNITED STATES POSTAL SERVICE'S HUGE NINETEEN PERCENT ACROSS-THE-BOARD PROPOSED INCREASE IN RATES, AND TO LEGISLATE WAYS TO CUT COSTS AND INCREASE THE EFFICIENCY OF THE POSTAL SERVICE.
Referred to the Committee on Finance.
S. 1479 -- Senators Martschink, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinson, Holland, Lee, Leventis, Long, Macaulay, McConnell, McGill, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, Stilwell, Thomas, Waddell, Williams and Wilson: A BILL TO AMEND SECTION 44-53-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "ICE" AND "CRANK"; TO AMEND SECTION 44-53-375, RELATING TO THE POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE AND PENALTIES, SO AS TO INCLUDE REFERENCES TO "ICE" AND "CRANK"; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE CERTAIN OFFENSES RELATING TO THE POSSESSION, DISTRIBUTION, AND MANUFACTURE OF "ICE" AND "CRANK".
Read the first time and referred to the Committee on Judiciary.
S. 1480 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SPARTANBURG COUNTY EMS SYSTEM IN RECOGNITION OF ITS DISTINGUISHED SERVICE TO THE PEOPLE OF SPARTANBURG COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1481 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RONNIE GENTRY OF THE SPARTANBURG COUNTY EMS SYSTEM ON BEING NAMED SOUTH CAROLINA PARAMEDIC OF THE YEAR FOR 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.
Read the first time and referred to the Committee on Transportation.
H. 4439 -- Rep. Winstead: A BILL TO AMEND SECTIONS 16-13-10, 16-13-230, 16-13-240, AND 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF FORGERY, BREACH OF TRUST WITH FRAUDULENT INTENT, OBTAINING A SIGNATURE OR PROPERTY BY FALSE PRETENSES, AND DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF THESE SECTIONS THE STATE IS NOT REQUIRED TO ESTABLISH AND IT IS NO DEFENSE THAT SOME OF THE ACTS CONSTITUTING THE CRIME DID NOT OCCUR IN THIS STATE OR WITHIN ONE CITY, COUNTY, OR LOCAL JURISDICTION.
Read the first time and referred to the Committee on Judiciary.
H. 4445 -- Reps. P. Harris, Blackwell, Waldrop, Moss, Ferguson, Cooper, Felder and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
Read the first time and referred to the Committee on Medical Affairs.
H. 4505 -- Rep. Altman: A BILL TO AMEND SECTION 56-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF OBSOLETE RECORDS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO DELETE THE PROVISION ALLOWING THE DEPARTMENT TO DESTROY RECORDS WHICH HAVE BEEN MAINTAINED ON FILE FOR FIVE YEARS; AND TO REPEAL SECTION 56-19-490 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT FILE AND MAINTAIN SURRENDERED CERTIFICATES OF TITLE.
Read the first time and referred to the Committee on Transportation.
H. 4534 -- Reps. Felder, Blackwell, Cooper, Ferguson, Moss and White: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.
Read the first time and referred to the Committee on Transportation.
H. 4884 -- Rep. McAbee: A BILL TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".
Read the first time and referred to the Committee on Transportation.
H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, was ordered placed on the Calendar without reference.
H. 4895 -- Reps. Townsend, Kay, P. Harris, Chamblee and Cooper: A BILL TO AMEND ACT 549 OF 1973, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4750 -- Reps. Sharpe, Rudnick, Huff and Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN WAGENER AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.
Referred to the Local Delegation.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 138 -- Senators Wilson, Giese, Thomas and Bryan: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable with amendments report on:
S. 546 -- Senator Drummond: A BILL TO AMEND SECTION 24-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF STATE AND LOCAL FACILITIES HOUSING PRISONERS AND PRETRIAL DETAINEES, SO AS TO PROVIDE FOR AN INSPECTION OF FOOD SERVICE OPERATIONS; AND TO AMEND SECTION 24-9-30, RELATING TO THE ENFORCEMENT OF MINIMUM STANDARDS FOR THE INSPECTIONS, SO AS TO INCLUDE THE FOOD SERVICE INSPECTION AND PROVIDE FOR ACTION THAT MAY BE ORDERED BY THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS INSTEAD OF CLOSING A FACILITY WHEN STANDARDS ARE NOT MET.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable report on:
S. 547 -- Senator Lee: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable with amendments report on:
S. 962 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-601 SO AS TO PROVIDE THAT A JUVENILE MAY NOT BE INCARCERATED IN A JAIL OR OTHER PLACE OF DETENTION FOR CONTEMPT OF COURT FOR COMMITTING OR VIOLATING A COURT ORDER PROHIBITING THE COMMISSION OF A STATUS OFFENSE, AND BY ADDING SECTION 20-7-602 SO AS TO PROVIDE THAT THE TERMS "JAIL OR OTHER PLACE OF DETENTION" AND "DETENTION FACILITIES" INCLUDE A LAW ENFORCEMENT LOCKUP OR HOLDING CELL FOR PURPOSES OF CERTAIN PROVISIONS OF LAW PROHIBITING THE PLACING OF A JUVENILE IN JAIL FOR A STATUS OFFENSE OR THE PLACING OF A JUVENILE LAWFULLY IN JAIL IN THE SAME CELL WITH ADULTS.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable with amendments report on:
S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:
S. 1247 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
Ordered for consideration tomorrow.
Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:
H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:
H. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:
H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4890 -- Reps. J. Rogers, McEachin, Gentry and D. Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 11, 1990, AT 12:30 P.M., AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE ERNEST A. FINNEY, JR., ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1990, A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JONATHAN Z. MCKOWN, RESIDENT CIRCUIT JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, WHO IS RETIRING EFFECTIVE MAY 7, 1990; AND SUCCESSORS TO THE HONORABLE JAMES A. SPRUILL, JR., FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERMS EXPIRE JUNE 30, 1990.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4892 -- Reps. Jaskwhich, Keyserling, Snow, Elliott, Altman, Corbett, Bennett, McLeod, Haskins, McElveen, Clyborne, Wilkins and Keegan: A CONCURRENT RESOLUTION TO DECLARE SUNDAY, APRIL 22, 1990, AS "EARTH DAY 1990" IN SUPPORT OF THE DECADE OF THE ENVIRONMENT AND TO ENCOURAGE PUBLIC AND INDIVIDUAL PARTICIPATION IN APPROPRIATE ACTIVITIES PROMOTING PRESERVATION OF THE GLOBAL ENVIRONMENT.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4905 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 18, 1990, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, AND WINTHROP COLLEGE, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1990 AND TO FILL VACANT SEATS ON THESE BOARDS THE PRESENT TERMS FOR WHICH EXPIRE IN 1990 AND 1992.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the University of South Carolina to attend a reception at the Carolina Coliseum on Tuesday, April 24, 1990, beginning at 6:00 P.M.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.
H. 4300 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.
H. 4463 -- Reps. Snow, G. Brown, Barfield and Bruce: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUISANCE SUITS IN AGRICULTURAL OPERATIONS, SO AS TO FURTHER DEFINE "OPERATIONS" AND MAKE THE PROVISIONS APPLICABLE TO ALL AGRICULTURAL FACILITIES AS DEFINED.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1227 -- Senators Shealy, Martschink, Setzler, Bryan, Wilson and Rose: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 SO AS TO PROVIDE SPECIAL MOTOR VEHICLE LICENSE PLATES FOR MEMBERS OF THE UNITED STATES NAVAL RESERVE.
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
S. 793 -- Senator Hinds: A BILL TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.
S. 1207 -- Senator McGill: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWELVE MONTHS AFTER AN ELECTION ON THE SAME QUESTION.
S. 1241 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.
S. 1369 -- Senators McConnell, Leatherman, Rose and Drummond: A BILL TO AMEND SECTION 11-35-3030(2)(a), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND PAYMENT BONDS CONCERNING CONSTRUCTION CONTRACTS SO AS TO PROVIDE THAT SECURITY MAY BE PROVIDED IN LIEU OF A PERFORMANCE BOND AND PAYMENT BOND WHEN THE CONTRACT DOES NOT EXCEED FIFTY THOUSAND DOLLARS.
S. 1449 -- Senator Leventis: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE MIDLAND RETIRED MILITARY ASSOCIATION OF SOUTH CAROLINA.
S. 1440 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
Having voted on the prevailing side, Senator LEATHERMAN asked unanimous consent to make a motion to reconsider the vote whereby the Bill received a second reading.
Senator McCONNELL objected.
H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator DRUMMOND objected to further consideration of the Resolution.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1448 -- Senator Waddell: A BILL TO PROVIDE FOR THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION COMMISSION IN BEAUFORT COUNTY SUBJECT TO A FAVORABLE REFERENDUM VOTE AND THE ASSUMPTION OF THE FUNCTIONS AND OBLIGATIONS OF THE COMMISSION BY BEAUFORT COUNTY; AND TO REPEAL ACT 1732 OF 1972 RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION COMMISSION UPON THE CERTIFICATION OF A FAVORABLE REFERENDUM TO DISSOLVE THE COMMISSION.
On motion of Senator WADDELL, S. 1448 was ordered to receive a third reading on Wednesday, April 3, 1990.
S. 630 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The amendment proposed by the Committee on Education (Doc. No. 1328X) was adopted as follows:
Amend the bill, as and if amended, by striking Section 59-1-450 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 59-1-450. Beginning with the 1990-91 school year, all public school students, commencing with grades kindergarten through and including high school, shall during the course of each school day's activities say the Pledge of Allegiance as follows:
'I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.'
Any person not wishing to say the 'Pledge of Allegiance' or otherwise participate in saying the 'Pledge of Allegiance' is exempt from participation and may not be penalized for failing to participate.
A person who does not wish to participate may leave the classroom, may remain in his seat, or may express his non-participation in any form which does not materially infringe upon the rights of other persons or disrupt school activities./
Amend title to conform.
Senator SHEALY spoke contra to the adoption of the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1450 -- Senators Passailaigue and Rose: A JOINT RESOLUTION TO PROVIDE THAT A TIMELY LETTER SENT BY A TAXPAYER TO THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO AMOUNTS THAT MAY BE DUE THE TAXPAYER FOR THE 1986 TAXABLE YEAR ARISING UNDER THE CASE OF DAVIS V. MICHIGAN CONSTITUTES A CLAIM FOR REFUND FOR PURPOSES OF THE STATE INCOME TAX.
On motion of Senator WADDELL, with unanimous consent, the Joint Resolution was committed to the Committee on Finance.
The following Bills were carried over:
S. 1343 -- Senators Pope, Bryan, Russell, Setzler and Drummond: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HINDS explained the Bill.
On motion of Senator WADDELL, the Bill was carried over.
H. 4471 -- Reps. Gentry and Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE BETWEEN SALUDA AND NEWBERRY COUNTIES ON ROAD S-41-391 AS THE "NOAH L. BLACK BRIDGE".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4894 -- Reps. McLellan and Farr: A CONCURRENT RESOLUTION TO NAME THE CENTRAL OFFICE OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AT 1550 GADSDEN STREET IN COLUMBIA AS THE ROBERT E. DAVID STATE OFFICE BUILDING.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1440 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
Senator LEATHERMAN, having voted on the prevailing side, moved to reconsider the vote whereby the Bill received second reading.
Senator LINDSAY argued in favor of the motion.
Senators PASSAILAIGUE, McCONNELL and ROSE argued contra to the motion.
Senator LINDSAY argued further in favor of the motion.
Senator MULLINAX argued in favor of the motion.
Senator DRUMMOND argued in favor of the motion.
Senator PASSAILAIGUE argued contra to the motion.
Senator GIESE spoke on the motion.
Senator LEATHERMAN argued in favor of the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Fielding Hayes Helmly Hinson Holland Leatherman Lindsay Lourie Martin Matthews McLeod Moore Mullinax Patterson Shealy Smith, J.V. Stilwell Williams
NAYS
Courson Giese Gilbert Hinds Lee Leventis Macaulay Martschink McConnell McGill Passailaigue Peeler Pope Rose Russell Smith, N.W. Thomas Wilson
The vote whereby the Bill received second reading was reconsidered.
Having voted on the prevailing side, Senator LEATHERMAN moved to reconsider the vote whereby the amendment (Doc. No. 0544I) proposed by Senator PASSAILAIGUE was adopted.
Senator McLEOD spoke on the motion.
Senator LEATHERMAN withdrew the motion to reconsider the vote whereby the amendment (Doc. No. 0544I) proposed by Senator PASSAILAIGUE was adopted.
At 2:15 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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